10 Tips on how to prepare for Mediation

10 Tips – how to prepare for a Mediation

Make sure that there has been:

full and frank disclosure
exchange of all relevant information
appropriate valuations.

Many Mediations get stuck in arguments about information and valuations. To assist with the negotiations and ability to get to an agreement, please spend some time preparing an Asset and Liability Balance Sheet (and preferably a joint one), as well as going into the Mediation with all the information that is needed to have constructive and productive negotiations.

Prepare your case and the basis for your proposals

Prepare a useful Chronology or History
Detail the important legal factors that apply (e.g., under s.79(4) and s.75(2)
Identify the ISSUES that need you want to discuss
Consider Workable and Practical Outcomes
Go through the Strengths and Weaknesses
Get advice before the Mediation of how your favoured outcomes will be affected – e.g., loan availability, tax consequences, timing issues etc.
Understand how your preferred result may affect others in the family.

Be prepared to listen to what the other side is saying and proposing

Go into the Mediation with an open mind

Listen carefully to the other side’s proposal
Don’t be fixed on a percentage or time-line or your preferred outcome. Mediators are there to have the parties consider different options and results – and so should you.
Be open to compromise which might lead to a result that neither of you had considered before the Mediation.

Understand that a Mediation is not a dress rehearsal for court.

The purpose of the Mediation is to:

Let both sides say what is important to them
Listen carefully to what the other party is saying
Consider all options that are raised to resolve the matter
Canvas if a result/settlement/outcome is achievable
Eliminate any issues or narrow the number or scope of issues if overall settlement cannot be achieved
Develop a pathway to possible future settlement is overall settlement cannot be achieved.

It is definitely not a stage for competing legal arguments to overshadow a potential compromise which both parties can live with. Of course, any settlement must be achieved with competent legal advice, however, the ultimate result belongs to both parties.

Have an attitude of compromise

It is useful if the parties understand that a successful Mediated outcome involves both parties understand that it is not about ‘winning’ or ‘losing’. Approaching the Mediation with a “big picture” mindset opens one’s thinking and consideration of effective results. Some good advice is to NOT get ‘bogged down’ with just your position.

Think about what the future process would be if your proposal for settlement was not accepted, and if the other side’s proposal was not accepted by you.

Make sure that you fully understand what happens if the matter, or at least some of the issues, are not resolved. Have your lawyer spell out all available pathways-including but not limited to going to court. There are many Dispute Resolution options that are available including Conciliation and Arbitration, which could be preferrable to Litigation.

In arriving at a decision it is very important to carefully consider what we call The 3 Costs of Dispute:

The financial cost of proceeding-i.e., fees, outlays, disbursements etc:
The emotional cost of continuing the dispute and the process of exchanging communications which can be seen as hostile or provocative or hurtful;
The Time cost in not having finality and a binding settlement. Basically both parties lives are “on hold”.

Consider what “outcome” you wish to achieve-not just in terms of a financial or parenting result, but also what you want your life to be in the next 3-5 years.

Step out of “the present day” and consider what you would like your and your family’s life to look like in the future;
Would your client benefit with assistance of a Professional Coach or Counsellor or Psychologist?
Is your client stuck in the events -and possibly trauma- of the past which would hamper the ability to consider what is best for them?

The Mediator is not a Judge and cannot – and will not – make a binding decision.

The Mediator is a skilled and trained Facilitator
The Mediator is neutral
In a Mediation the Mediator does not provide advice about entitlement or rights-this should be obtained from the lawyers involved;
It is not about one party “winning” and the other party “losing” -especially where children’s welfare is concerned;
The Mediator will “reality test” proposals and suggested outcomes

Do your preliminary enquiries about whether and how you can fulfill your proposal for settlement

Preparation before the Mediation will ensure that valuable and Effective conversations can occur.

This will assist the client to consider the complexities of fulfilling their proposal for settlement, and to consider any counter-proposal.

The lawyer can be called upon to assist the client in making relevant enquiries and considering different options towards realisation.

Seek professional assistance from:

Financial planners
Accountants
Superannuation experts
Real estate agents
Life coaches
Psychologists, counsellors, therapists
Other advisors

Lastly, approach a Mediation as a way in which you can take control of your future and the possible outcome. There are many ways to communicate and the Mediation route provides a safe and effective place for negotiations to take place.

It will not be easy or comfortable, however, the Mediator will usually determine what may be required to have the parties and their representatives engage in a productive process. This may need more than one session, or a necessary break in procedure, to achieve a resolution, however, everyone will be working towards a successful outcome.

Barry Berger
Dignity.EDR
effective dispute resolution

IMPORTANT THINGS YOU SHOULD KNOW

Family Law Rules

(Refer to Rule 6)

Division 6.1.2—Duty of disclosure in specific types of proceedings

6.05 Duty of disclosure—parenting proceedings

(1) The duty of disclosure applies to a parenting proceeding.

(2) Documents that may contain information relevant to a parenting proceeding may include, among other documents:

(a) criminal records of a party; and

(b) documents filed in intervention order proceedings concerning a party; and

(d) school reports.

6.06 Duty of disclosure—financial proceedings

(1) The duty of disclosure applies to a financial proceeding.

(2) Subrules (3) to (9) do not apply to a party to a property proceeding who is not a party to the marriage or de facto relationship to which the application relates, except to the extent that the party’s financial circumstances are relevant to the issues in dispute.

(3) Without limiting subrule (1), a party to a financial proceeding must make full and frank disclosure of the party’s financial circumstances, including the following:

(a) the party’s earnings, including income that is paid or assigned to another party, person or legal entity;

(b) any vested or contingent interest in property;

(c) any vested or contingent interest in property owned by a legal entity that is fully or partially owned or controlled by a party;

(d) any income earned by a legal entity fully or partially owned or controlled by a party, including income that is paid or assigned to any other party, person or legal entity;

(e) the party’s other financial resources;

(f) any trust:

(i) of which the party is the appointor or trustee; or

(ii) of which the party, the party’s child, spouse or de facto spouse is an eligible beneficiary as to capital or income; or

(iii) of which a corporation is an eligible beneficiary as to capital or income if the party, or the party’s child, spouse or de facto spouse is a shareholder or director of the corporation; or

(iv) over which the party has any direct or indirect power or control; or

(v) of which the party has the direct or indirect power to remove or appoint a trustee; or

(vi) of which the party has the power (whether subject to the concurrence of another person or not) to amend the terms; or

(vii) of which the party has the power to disapprove a proposed amendment of the terms or the appointment or removal of a trustee; or

(viii) over which a corporation has a power referred to in any of subparagraphs (iv) to (vii), if the party, the party’s child, spouse or de facto spouse is a director or shareholder of the corporation;

(g) any disposal of property (whether by sale, transfer, assignment or gift) made by the party, a legal entity referred to in paragraph (c), a corporation or a trust referred to in paragraph (f) that may affect, defeat or deplete a claim:

(i) in the 12 months immediately before the separation of the parties; or

(ii) since the final separation of the parties;

(h) liabilities and contingent liabilities.

(4) Paragraph (3)(g) does not apply to a disposal of property made:

(a) with the consent or knowledge of the other party; or

(b) in the ordinary course of business.

(5) A party starting, or filing a response or reply to, a financial proceeding (other than by an Application for Consent Orders) must file, at the same time:

(a) a Financial Statement; and

(b) a financial questionnaire in the form approved by the Chief Executive Officer.

(6) If a party is aware that the completion of a Financial Statement will not fully discharge the duty to make full and frank disclosure, the party must also file an affidavit giving further particulars.

(7) If a party’s financial circumstances have changed significantly from the information set out in the Financial Statement or an affidavit filed under subrule (6), the party must, within 21 days after the change of circumstances, file:

(a) a new Financial Statement; or

(b) if the changes can be set out clearly in 300 words or less—an affidavit containing details about the party’s changed financial circumstances.

(8) Without limiting subrule (1), unless the court otherwise orders, a party (the first party) who is required by this rule to file a Financial Statement (other than a respondent to an application for maintenance only) must, before the first court date, serve on each other party who has an address for service in the proceeding the following documents:

(a) a copy of the party’s 3 most recent taxation returns;

(b) a copy of the party’s 3 most recent taxation assessments;

(i) the completed superannuation information form for any superannuation interest of the party (unless it has already been filed or exchanged); and

(ii) for a self managed superannuation fund—the trust deed and a copy of the 3 most recent financial statements for the fund;

(d) if the party has an Australian Business Number—a copy of the last 4 business activity statements lodged;

(e) if there is a partnership, trust or company (other than a public company) in which the party has an interest—a copy of the 3 most recent financial statements and the last 4 business activity statements lodged by the partnership, trust or company.

(9) Without limiting subrule (1), a respondent to an application for maintenance only must bring to the court on the first court date the following documents:

(a) a copy of the respondent’s taxation return for the most recent financial year;

(b) a copy of the respondent’s taxation assessment for the most recent financial year;

(c) copies of the respondent’s bank records for the 12 months immediately before the date when the application was filed;

(d) the respondent’s most recent pay slip;

(e) if the respondent has an Australian Business Number—a copy of the last 4 business activity statements lodged;

(f) any document in the respondent’s possession, custody or control that may assist the court in determining the income, needs and financial resources of the respondent.

(10) This rule does not require a party to be served with a document that has already been provided to the party.

CENTRAL PRACTICE DIRECTION

Purposes

1.1 The purposes of this Central Practice Direction are to outline the core principles applicable to family law proceedings and to establish a consistent national case management system in the Federal Circuit and Family Court of Australia (the Court) that:

reduces unnecessary cost and delay in family litigation and facilitates proceedings being conducted with the least possible acrimony in order to minimise harm to children and families;
ensures the safety of families and children; and
achieves the overarching purpose of the family law practice and procedure provisions of the Federal Circuit and Family Court of Australia Act 2021 (Cth) (FCFCOA Act), being to facilitate the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.

1.2 All other Family Law Practice Directions are to be read within the framework established by this Central Practice Direction. Parties should not commence or take steps in proceedings without first considering the principles set out in this Practice Direction.

1.3 The Court takes the overarching purpose enshrined in the FCFCOA Act seriously. Parties and their lawyers are expected to fully comply with that statutory obligation in all cases without exception, regardless of the complexity of the case or the issues in dispute, subject only to ensuring the safety of parties and children. This co-operation requires (and the Court expects) that the parties and their lawyers think about the best way to conduct their cases in accordance with the overarching purpose. The parties and their lawyers can expect that the Court will engage with them in a dialogue to achieve the overarching purpose.

1.4 The Court expects parties and their lawyers to have in mind, at all times, the cost of each step in the proceedings and whether it is necessary, and to avoid unnecessary process-driven costs and unjustified use of court resources. In everything they do, parties and lawyers are expected to approach proceedings in a manner directed towards identifying the issues in dispute and ascertaining the most efficient, including cost efficient, method of resolution or determination. This includes giving proper consideration to identifying the issues in dispute, complying with their obligation to provide full and frank disclosure in a timely manner (see Part 6.1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (the Family Law Rules)), engaging in productive and resolution-focused communication with other parties, making appropriate admissions and pressing only issues of genuine significance. Ambit claims should be avoided and aggressive and unnecessarily adversarial conduct will not be tolerated. At all stages in the proceedings, parties must avoid filing evidence that is unnecessarily lengthy or only of limited relevance to the issues genuinely in dispute. Parties should limit the number of witnesses they rely on to those necessary to prove or disprove those issues truly requiring determination.

1.5 Any failure to comply with these requirements may attract costs orders against parties and/or practitioners and other consequences including, in appropriate cases, the drawing of adverse inferences, the making of a summary decree pursuant to section 45A of the Family Law Act 1975 (Cth) (Family Law Act), or orders providing that a matter be heard on an undefended basis.

1.6 The Court recognises that parties to family law proceedings and their children are often under significant stress and that litigation can add to that stress in addition to being costly. This Central Practice Direction aims to minimise the impact of litigation on families and children by encouraging the early and focussed resolution of family law disputes.

1.7 The safety of parties and children and protection from the consequences of abuse and violence remains a priority for the Court. No obligation or requirement in this Central Practice Direction should be taken to require parties to put themselves or their children at risk or to compromise or attempt to do so in circumstances that are unsafe or where concerns about abuse or violence compromise their ability to negotiate fair or reasonable outcomes. No part of this Central Practice Direction should be read or interpreted in a manner that is inconsistent with the prioritisation of the best interests of children and safe and sustainable outcomes for families.

1.8 Lawyers representing parties in family law proceedings must provide a copy of this Central Practice Direction to their clients prior to filing an Initiating Application or Response to Initiating Application and are requested to provide a copy to any unrepresented parties to the proceedings at the earliest possible opportunity.

Application of this Practice Direction

2.1 Subject to the following paragraph, this Central Practice Direction applies to all family law applications filed in or transferred to the Court. The obligations outlined in this Central Practice Direction apply to the parties to such proceedings and to their legal representatives.

2.2 Other than Part 3: Core Principles, this Central Practice Direction does not apply to:

appeals (see Family Law Practice Direction – Appeals);
matters arising from arbitration (see Family Law Practice Direction – Arbitration);
Applications for Divorce (see Family Law Practice Direction – Divorce proceedings); and
applications for consent orders.

2.3 This Practice Direction is to be read in conjunction with the Family Law Act, the FCFCOA Act and the Family Law Rules. In the event of a conflict between the contents of this Practice Direction and the provisions of the Family Law Act, the FCFCOA Act or the Family Law Rules, the legislation or Family Law Rules, as applicable, shall apply to the extent of the inconsistency.

2.4 Unless otherwise expressly stated, and save for obligations as to costs disclosure, all obligations imposed on parties by this Central Practice Direction apply to Independent Children’s Lawyers.

Core principles

3.1 The following 10 core principles underpin the exercise of the family law jurisdiction of the Court and are designed to facilitate the resolution of family law proceedings. All steps taken in proceedings before the Court, including commencement of proceedings, should follow these principles.

Core principle 1 – Risk

3.2 The prioritisation of the safety of children, vulnerable parties and litigants, as well as the early and ongoing identification and appropriate handling of issues of risk, including through risk screening, such as allegations of family violence, are essential elements of all case management.

Core principle 2 – Parties’, lawyers’ and the Court’s obligations and overarching purpose

3.3 The overarching purpose to be achieved is to facilitate the just resolution of disputes:

according to law; and
as quickly, inexpensively and efficiently as possible.

3.4 The overarching purpose includes the following objectives:

the just determination of all proceedings before the Court;
the efficient use of the judicial and administrative resources available for the purposes of the Court;
the efficient disposal of the Court’s overall caseload;
the disposal of all proceedings in a timely manner;
the resolution of disputes at a cost and by a process that is proportionate to the importance and complexity of the issues in dispute.

3.5 This Central Practice Direction and the Family Law Rules must be interpreted and applied in the way that best promotes the Court’s overarching purpose and prioritises the best interests of children.

Core principle 5 – Importance of Dispute Resolution

3.9 The Court encourages the use of Dispute Resolution procedures. Before commencing an action, unless it is unsafe to do so, parties are expected to make a genuine attempt to resolve their dispute, including by complying with the requirements and obligations of section 60I of the Family Law Act and the pre-action procedures as set out in Schedule 1 to the Family Law Rules. Subject to an exception applying, the Court must not hear an application for parenting orders unless a section 60I certificate has been filed.

3.10 After the commencement of an action, parties are expected to:

be proactive in identifying the appropriate time, and the appropriate way, in which they can participate in Dispute Resolution, either by agreement or by court order; and
be prepared to make and consider reasonable offers of settlement at any stage of the proceedings. Failure to do so may have costs consequences.

Core principle 8 – Identifying and narrowing issues in dispute

3.14 Issues in the case are to be narrowed to those issues genuinely in dispute. In particular:

all parties are required to make full and frank disclosure to assist the Court in the determination of the dispute or the parties in the resolution of the dispute;
applications should only be brought before the Court if they are reasonably justified on the material available;
it is expected that parties will negotiate both prior to, and at Court, in order to reach agreement about as many of the issues in dispute as possible and procedural directions required before having the matter heard;
when appropriate, a single expert or an assessor should be engaged to assist the parties and the Court to resolve disputes; and
costs consequences may flow if parties unreasonably seek to reopen issues already resolved or unreasonably agitate issues.

Pre-action requirements

4.1 Prior to commencing proceedings, parties are required to:

comply with the pre-action procedures for both financial and parenting proceedings (see Schedule 1 of the Family Law Rules and section 60I of the Family Law Act); and
take genuine steps to attempt to resolve their issues prior to commencing proceedings, unless it is unsafe to do so or a relevant exemption applies.

4.2 A Genuine Steps Certificate in the approved form must be filed with an Initiating Application or Response to Initiating Application, outlining:

the filing party’s compliance with the pre-action procedures; and
the genuine steps taken to resolve the dispute; or
the basis of any claim for an exemption from compliance with either or both of these requirements.

4.3 Other than in urgent circumstances, and subject to any safety concerns, no application for final or interim orders should be filed without appropriate notice being given to the respondent of the intended contents of the application and without genuine steps being taken to avoid the need for the application to be filed.

4.4 Failure to comply with the relevant pre-action procedures may result in the application being adjourned or stayed until the failure to comply is rectified (see Part 4.1 of the Family Law Rules).

Dispute Resolution

5.26 Unless exceptional circumstances exist, within 5 months of the date of commencement of a proceeding, the parties will be required to participate in Dispute Resolution.

5.27 For proceedings involving family violence and safety concerns, consideration will be given to whether Dispute Resolution is appropriate and whether measures can be implemented which will facilitate Dispute Resolution occurring as safely as possible. Such measures may include Dispute Resolution being conducted electronically or in separate rooms.

5.28 If the Court is satisfied, having regard to the means and resources of the parties, that it is appropriate for the parties to participate in a privately funded Dispute Resolution event, they will be referred to:

private mediation; and/or
private, legal aid facilitated or community-based FDR; and/or
arbitration with the consent of the parties.

5.29 If the Court is satisfied, having regard to the means and resources of the parties, that it is appropriate for the parties to participate in court-based Dispute Resolution, a matter will be listed on a date within 5 months from the date of filing for:

a Conciliation Conference; or
a Judicial Settlement Conference; and/or
a Family Dispute Resolution Conference pursuant to section 13C(1)(b) of the Family Law Act with a Judicial Registrar (as a Family Dispute Resolution Practitioner (FDRP)) and, where appropriate, a Court Child Expert (as a Family Counsellor).

5.30 All forms of Dispute Resolution, including mediation and conferences, whether court-based or external, will be confidential. No evidence of any documents prepared for such events, offers, representations or concessions made at or in preparation for any such events will be admissible in court proceedings, other than in the limited circumstances permitted by section 131 of the Evidence Act 1995 (Cth). However, judicial officers and FDRPs conducting court-based events will be expected to provide to the parties and place on the court file a Certificate of Dispute Resolution in the approved form setting out whether the matter was resolved, partially resolved or not resolved, and whether one or more of the parties failed to attend or to make a genuine effort to resolve the issues in dispute. In the case of external Dispute Resolution events, the applicant will be required to request that the person conducting the Dispute Resolution event provide a Certificate of Dispute Resolution, and to file and serve the Certificate upon receipt.

5.31 Parties will be expected to engage in good faith negotiations and make a genuine effort to resolve all issues in dispute at a Dispute Resolution event, and where this is not possible, to utilise Dispute Resolution to limit or reduce the areas of dispute and to record all agreements reached in writing.

5.32 In appropriate cases, the parties will also be encouraged to give consideration to participating in arbitration.

5.33 The Court expects parties to place themselves and each other party in the most informed position possible for any Dispute Resolution event, including by providing sufficient disclosure and obtaining any required valuations, so as to enable such events to be productive and to maximise the prospects of resolution.

5.34 If a Dispute Resolution event does not proceed as a result of a party’s non-attendance or non-compliance with orders, directions or the Family Law Rules, costs consequences may follow.

5.35 A second or subsequent Dispute Resolution event may be ordered or listed at any time if it appears to the Court that such event is reasonably likely to assist with the resolution or narrowing of the issues in dispute between the parties.

5.36 A Confidential Case Outline is to be provided on a without prejudice basis and will not be placed on the Court file. Such documents are privileged and may not be used in contested hearings or for purposes other than genuine attempts to resolve disputes between the parties.

Private Mediation and External Family Dispute Resolution

5.37 If the parties participate in private mediation or external FDR, the parties must, unless the Court otherwise directs or the mediator/FDRP and the parties otherwise agree:

(a) provide (via their lawyers where applicable) to the mediator/FDRP and to each other party, no less than 7 days prior to the mediation/FDR:
1. all relevant Applications, Responses, Affidavits and Financial Statements filed in the proceedings;
2. any relevant expert reports;
3. any document exchanged between the parties which is directly relevant to an issue remaining in dispute (with relevant passages highlighted);
4. a minute setting out the precise terms of orders required to give effect to their settlement proposal;
5. a confidential case outline document in the approved form;
6. in a financial case:
  1. particulars of any financial resource;
  2. a valuation or market appraisal of any real estate or other asset the value of which is in dispute;
  3. the most recent statement for, and where applicable, valuations of any superannuation interests;
  4. written confirmation that the superannuation trustee of any fund that may be the subject of a splitting order has been afforded procedural fairness;
7. any current or previous family violence orders between the parties;
8. a Certificate of Dispute Resolution for completion by the mediator/FDRP; and
9. (ix) any other documents reasonably requested by the mediator/FDRP;
ensure that all documents required to be disclosed pursuant to Chapter 6 of the Family Law Rules have been exchanged no later than 14 days prior to the mediation/FDR;
comply with all reasonable requests made by the mediator/FDRP; and
personally attend the mediation/FDR (if applicable, by electronic means) and make a genuine attempt to resolve issues in dispute.

5.38 In advance of an external Dispute Resolution event, the lawyer for each represented party must provide to his or her client and to each other party a notice indicating whether the party is in receipt of legal aid funding, and if not, providing particulars of:

the total costs and disbursements incurred by the party in the proceeding to date;
an estimate of the anticipated costs expected to be incurred in each remaining stage of the proceeding; and
an estimate of the likely duration of the final hearing and the total anticipated costs and disbursements expected to be incurred for the remainder of the proceeding.

5.39 If the proceedings are not resolved at an external Dispute Resolution event, within 7 days of the date of the event, the parties are to serve upon one another written notices identifying any changes to:

those issue(s) that remain in dispute;
the expected duration of the final hearing; and
in relation to represented parties, the expected costs of and up to the final hearing.

5.40 The parties must not include in their statements of the issues remaining in dispute any issue that is unmeritorious, has no reasonable prospects of success or is pursued for an improper purpose. The Court may consider a party’s conduct in unreasonably pursuing such issues in relation to the question of costs.

Court-Based Dispute Resolution

5.41 If a matter is listed for a court-based Dispute Resolution event, such as a Conciliation Conference, Judicial Settlement Conference or court-based FDR, the parties must, unless the Court otherwise directs, no later than 14 days prior to the event:

ensure that all documents required to be exchanged between the parties pursuant to Chapter 6 of the Family Law Rules have been exchanged;
ensure that any private expert report that is relevant to the proceedings has been filed; and
1. provide to the Court and each other party a single collated bundle of documents comprising:
  a Confidential Case Outline in the approved form;
2. a minute setting out the precise terms of orders required to give effect to the entitlement asserted;
3. a copy of any document exchanged between the parties which is directly relevant to an issue remaining in dispute (with relevant passages highlighted); and
  1. in a financial case:
    particulars of any financial resource and a valuation or market appraisal of any real estate or other asset, the value of which is in dispute;
  2. statements for, and where applicable, valuations of any superannuation interests;
  3. written confirmation that the superannuation trustee of any fund that may be the subject of a splitting order has been afforded procedural fairness.

5.42 In advance of a court-based Dispute Resolution event, the lawyer for each represented party must provide to the Court and to each other party a notice indicating whether or not the party is in receipt of legal aid funding, and if not, providing particulars of:

the total costs and disbursements incurred by the party in the proceeding to date;
an estimate of the anticipated costs expected to be incurred in each remaining stage of the proceeding; and
an estimate of the total anticipated costs and disbursements expected to be incurred for the remainder of the proceeding.

5.43 If appropriate and consistent with the overarching purpose, directions may be made for a court-based Dispute Resolution event to take place by electronic means.

5.44 Orders excusing a party or legal representative from personal attendance at court-based Dispute Resolution should ordinarily be sought at the First Court Event, but may also be sought from a Judicial Registrar in chambers, on written request, no later than 7 days prior to the date of the Dispute Resolution event.

5.45 At court-based Dispute Resolution, the Judicial Registrar will assess compliance with previous procedural orders made. Costs consequences may flow from non-compliance. If the requirements of the Family Law Rules or relevant orders have not been properly complied with, or if, for any other reason, realistic negotiations are unable to be held, the Judicial Registrar may:

list the matter in an appropriate list (with or without loss of priority);
list the matter before a Judge or Judicial Registrar for further directions or consideration of dismissal or an undefended hearing;
direct that the parties provide an explanation to the Court as to the lack of compliance; and/or
make an order as to costs.

5.46 In the event that the matter is not resolved at a court-based Dispute Resolution event, the presiding judicial officer shall prepare, provide to the parties and place on the Court file, a Certificate of Dispute Resolution indicating:

whether the parties were in attendance (including by electronic means);
any significant issues (including valuations) remaining in dispute;
whether the parties have complied with the costs notification requirements of the Family Law Rules; and
whether the parties have complied with their obligations under the Family Law Rules and any directions of the Court, including making a genuine attempt to resolve the issues in dispute.

Mention

5.47 Any matter referred for either private mediation, external FDR or court based dispute resolution will be listed for a Mention not more than 2 weeks after the Dispute Resolution event to prepare any unresolved matter for a Compliance and Readiness Hearing. Where a matter resolves prior to the Compliance and Readiness Hearing, consent orders should be submitted to the Judicial Registrar who presided over the First Court Event for consideration in chambers.

5.48 Any matter which has proceeded to interim defended hearing and is not suitable for Dispute Resolution will also be listed for Mention to prepare the matter for a Compliance and Readiness Hearing.

Dispute Resolution

Private Mediation and External Family Dispute Resolution

Court-Based Dispute Resolution

Mention

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